USA V. NOEL MEDINA-GASTELUM, No. 12-10475 (9th Cir. 2013)

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FILED MAY 20 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-10475 D.C. No. 2:11-cr-00227-JCM v. MEMORANDUM * NOEL ADRIAN MEDINA-GASTELUM, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Submitted May 14, 2013 ** Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges. Noel Adrian Medina-Gastelum appeals from the district court s judgment and challenges the 71-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). we affirm. Medina-Gastelum contends that his sentence is substantively unreasonable in light of his drug addiction and attempts at rehabilitation. The district court did not abuse its discretion in imposing Medina-Gastelum s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Medina-Gastelum s history of immigration violations and drug convictions. See id. AFFIRMED. 2 12-10475

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